Announcement

Collapse
No announcement yet.

Summons

Collapse

Unconfigured Ad Widget

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Summons

    Well I just got served my first summons...I had to change attorneys about 3 weeks ago my new attorney has all my info and I will call them Monday with this summons info..does anyone know what is gonna happen next I have 30 days to reply...Will I be garnished or bank account levied or will my attorney handle all of this where I don’t get garnished or my bank account levied?

    #2
    Garnishment isn't going to happen until there is a judgement and then the creditor ask for an interrogatory so they know where to garnish your pay. Since you have 30 days to respond, it's 30+ days before that creditor could obtain a judgement and then seek a writ to garnish your pay.

    If you are working with a current bankruptcy attorney, just give them a copy of the summons. Upon filing your bankruptcy there is typically a notification done to the creditor (or their attorney) which is often called a presumption of bankruptcy. It puts that court and the creditor on notice that you filed bankruptcy.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      We met with our new attorney on the 30th of Jan last month. So basically our attorney will notify the court that we intend to file BK and they will notify the creditor and since we are 99% sure we are gonna be in a 13 they will file what they need to to get whatever they can out of our 13 payment and we probably won’t even go to court

      Comment


        #4
        Is it a summons for a creditor you did not pay who is taking you to court? If it is don't worry. You have time. Your attorney can advise you more on this issue. I had received more than one summons from more than 1 creditor. At least in my case there were 30 days in which you had to respond. After you respond they set a court date. The attorney had me wait until day 30 to respond and even when there was a court date it was to set up another date. At that time we were fairly sure we were filing so I told the judge and creditor we were weighing our options, the creditor tried to get us to settle for a lesser amount than owed. There was no real threat of any garnishments because the process takes time. At least that is what happened in mine and my husband's case. As justbroke mentioned when you file for bankruptcy the process will stop and you will receive letters from the court regarding it.

        Comment


          #5
          I was served papers and filed for Chapter 13 a week later, I waited until then to get the "fire started" lol. You have plenty of time, just make sure you retain an Attorney that has great reviews, look that Attorney up, check out reviews etc.

          Best of luck to you, I know the feeling lol.

          Comment

          Unconfigured Ad Widget

          Collapse
          Working...
          X